SCHEDULE 1APPLICATION AND MODIFICATION OF THE ACT
Column 1 Provisions applied | Column 2 Modifications |
---|---|
In section 34— subsection (1) |
|
subsection (2), except paragraphs (a) and (b) | in paragraph (d) omit the words “or jury”, and before the word “offence” insert “service”; |
subsection (2A) | for the word “solicitor” substitute the words “legal representative”, and for the words “questioned, charged or informed” substitute “questioned or informed”; |
subsections (3) and (5) | |
subsection (6) | for the words in subsection (6) substitute the words “This section does not apply in relation to a failure to mention a fact if the failure occurred before the coming into force of the 1997 Order”; |
In section 35— | |
subsection (1) | after the word “trial” substitute “or appellate proceedings”; |
before the word “offence” insert “service”; | |
subsection (2) | omit the words “(in the case of proceedings on indictment, in the presence of the jury)”; |
omit the words “or jury”; | |
subsection (3) | omit the words “or jury”; |
before the word “offence” insert “service”; | |
subsections (4),(5) | |
In section 36— | |
subsection (1) | for the word “constable” wherever it occurs substitute the words “service policeman”; in paragraph (b) for the words “an offence” substitute “a service offence”; after paragraph (d) before the word “offence” insert “service”; |
subsection (2), except paragraphs (a) and (b) | in paragraph (d) omit the words “or jury” and before the word “offence” insert “service”; |
subsection (3) | |
subsection (4) | for the word “constable” substitute the words “service policeman”; |
subsection (4A) | for the word “solicitor” substitute the words “legal representative”; |
subsection (6) | |
subsection (7) | for the words in subsection (7) substitute the words “This section does not apply in relation to a failure or refusal which occurred before the coming into force of the 1997 Order”; |
In section 37— | |
subsection (1) | for the word “constable” wherever it occurs substitute the words “service policeman”; for the words “the offence” wherever they occur substitute the words “the service offence”; |
subsection (2), except paragraphs (a) and (b) | in paragraph (d) omit the words “or jury” and before the word “offence” insert “service”; |
subsection (3) | for the word “constable” substitute the words “service policeman”; |
subsection (3A) | for the word “solicitor” substitute the words “legal representative”; |
subsection (5) | |
subsection (6) | for the words in subsection (6) substitute the words “This section does not apply in relation to a failure or refusal which occurred before the coming into force of the 1997 Order”; |
In section 38— | |
subsection (1) |
|
subsection (2) | for the words “an offence” there shall be substituted “a service offence” and after the word “other” there shall be inserted “service”; |
subsection (2A) | after the words “a police station;” omit the word “or” and after paragraph (b) insert the words “(c) any building or part of the building, any structure, or any room (whether on land or on a ship) which is used by a service policeman for the performance of his duties”; |
subsection (3) | the omission of the words “have the proceedings against him transferred to the Crown Court for trial,” and for the words “an offence” there shall be substituted “a service offence”; |
subsections (5) and (6) |